Cherry v. Hall

John A. Fogleman, Justice.

This appeal constitutes our original confrontation with the problems presented by Tate v. Short, 401 U. S. 395, 91 S. Ct. 668, 28 L. Ed. 2d 130 (1971), wherein it was held that a state statute may not be constitutionally applied to justify immediate imprisonment of an indigent who cannot forthwith pay a legally imposed judgment for fine and costs. The statute involved was similar in effect to Ark. Stat. Ann. § 43-2314.1 (Supp. 1969).

Appellee Hall was convicted March 29, 1971, in the Circuit Court of Pulaski County of the misdemeanor, possession of stolen property,…